Arrow Concrete Cutting Pty Ltd Summary

[2014] FWCA 7367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Arrow Concrete Cutting Pty Ltd
(AG2014/7383)

ARROW CONCRETE CUTTING PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 OCTOBER 2014

Application for approval of the Arrow Concrete Cutting Pty Ltd Enterprise Agreement 2014 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Arrow Concrete Cutting Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arrow Concrete Cutting Pty Ltd (the Applicant). The agreement is single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of the decision. The nominal expiry date of the Agreement is 27 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Arrow Concrete Cutting Pty Ltd, the Fair Work Commission was tasked with approving an Enterprise Agreement between the company and its employees. The applicants, Arrow Concrete Cutting Pty Ltd, sought approval for an Enterprise Agreement which had been negotiated and signed by the parties. The respondents, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought to have the agreement rejected on the basis that it did not meet the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the Enterprise Agreement met the necessary criteria for approval under the Fair Work Act. The CFMEU argued that the agreement did not comply with the requirements of section 230 of the Act, specifically, that it did not provide for the proper operation of the business, the health and safety of employees, and the protection of employees' entitlements. The company, on the other hand, argued that the agreement was fair and reasonable, and met all the legal requirements for approval.

The Commission found that the Enterprise Agreement did meet the necessary criteria for approval under the Fair Work Act. The agreement provided for the proper operation of the business, the health and safety of employees, and the protection of employees' entitlements. The Commission noted that the agreement contained provisions for reasonable working hours, overtime, and shift patterns, as well as provisions for the payment of wages and other entitlements. The Commission also found that the agreement provided for the proper operation of the business, including provisions for the management of the business and the resolution of disputes between the parties.

In conclusion, the Fair Work Commission approved the Enterprise Agreement between Arrow Concrete Cutting Pty Ltd and the CFMEU. The Commission found that the agreement met all the necessary legal requirements for approval, and was fair and reasonable for both parties. The agreement provides for the proper operation of the business, the health and safety of employees, and the protection of employees' entitlements, and was therefore approved by the Commission.

Arrow Concrete Cutting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established